[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Page 7741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02689]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35724 (Sub-No. 1)]


California High-Speed Rail Authority--Construction Exemption--In 
Fresno, Kings, Tulare, and Kern Counties, Cal.

    By petition filed on September 26, 2013, California High-Speed Rail 
Authority (Authority), a state agency formed in 1996, seeks an 
exemption under 49 U.S.C. 10502 from the prior approval requirements of 
49 U.S.C. 10901 for authority to construct an approximately 114-mile 
high-speed passenger rail line between Fresno and Bakersfield, Cal. 
(the Line).\1\
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    \1\ By decision served June 13, 2013, in California High-Speed 
Rail Authority--Construction Exemption--in Merced, Madera, & Fresno 
Counties, Cal., FD 35724 (the main docket), the Board granted an 
exemption for the Authority to construct the first 65-mile segment 
of the planned California High-Speed Train System (HST System), 
between Merced and Fresno, California. The Line is the second 
segment of the proposed HST System.
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    In a decision served December 20, 2013 (December 2013 decision), 
the Authority was required to notify all parties of record in the main 
docket (that is, Docket No. FD 35724, pertaining to construction of the 
Merced-to-Fresno HST segment) of its proposed transaction in this sub-
docket (construction of the Fresno-to-Bakersfield HST segment) by 
providing them with a copy of the September 26, 2013 petition for 
exemption filed in this sub-docket, Docket No. 35724 (Sub-No. 1), as 
well as a copy of the Board's December 2013 decision, by January 3, 
2014, and to certify contemporaneously to the Board that it had done 
so. Those parties, and any other interested persons who wished to 
participate in this sub-docket as a party of record, had until January 
21, 2013, to notify the Board of their intent to participate in this 
sub-docket as a party of record. The December 2013 decision also 
extended the deadline for comments on the transportation merits of the 
proposed Fresno-to-Bakersfield Line construction to February 14, 2014.
    On January 2, 2014, the Authority submitted a certificate of 
service indicating that it had served copies of its petition for 
exemption filed in this proceeding and the Board's December 2013 
decision on ``all parties of record in the main docket,'' but listing 
the names of the parties of record in this sub-docket, rather than the 
main docket.
    On January 22, 2014, Citizens for California High-Speed Rail 
Accountability (CCHSRA) and Kings County Water District submitted 
separate comments, stating that the Authority had failed to comply with 
the Board's order in that the Authority served the incorrect petition 
on the incorrect service list.\2\
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    \2\ CCHSRA also re-raises arguments previously asserted in this 
case that (1) the deadline for comments on the transportation merits 
of the proposed transaction should be postponed until after the 
Final EIR/EIS is adopted, and (2) the Board must require the 
Authority to provide actual notice of this proceeding by mail to all 
affected landowners. These arguments were addressed in the Board's 
December 2013 decision, and CCHSRA has not demonstrated any material 
error or changed circumstances, or provided any new evidence, 
warranting a different conclusion on those issues.
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    Thereafter, the Authority corrected its error by submitting a 
revised certificate of service indicating that on January 24, 2014, the 
Authority served its September 26, 2013 petition and the December 2013 
decision on all parties of record in the main docket.
    Because of the delay in providing notice to parties of the proposed 
transaction, the deadline for interested persons to notify the Board of 
their intent to participate in this sub-docket as a party of record 
will be extended to February 11, 2014. The deadline for comments on the 
transportation merits of the proposed Fresno-to-Bakersfield Line 
construction will be extended to March 7, 2014.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Any person who wishes to participate in this proceeding as a 
party of record must file with the Board a notice of intent to 
participate by February 11, 2014.
    2. Replies to the petition for exemption are due by March 7, 2014.
    3. This decision will be published in the Federal Register.
    4. This decision is effective on its service date.

    Decided: February 3, 2014.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-02689 Filed 2-7-14; 8:45 am]
BILLING CODE 4915-01-P